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KASS v. GRAIS

1295, 603995/06.

66 A.D.3d 587 (2009)

887 N.Y.S.2d 578

2009 NY Slip Op 7684

LORYN KASS, Respondent, v. DAVID J. GRAIS et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 27, 2009.

Some 20 minutes after plaintiff had notified defendants' attorney that she was withdrawing her offer to purchase certain residential property owned by them, the fully executed contract was delivered by Federal Express. Defendants have insisted on enforcing the contract, invoking the so-called mailbox rule, which, in the context of contract law, stands for the proposition that a contract is considered to have been made at the time...

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